Whether it is written, oral, or implied, the elements for breach of contract are:
Civil Code §§ 1550, 1605; Stockton Mortgage, Inc. v. Tope (2014) 233 Cal.App.4th 437, 453; Gomez v. Lincare, Inc. (2009) 173 Cal.App.4th 508, 525.
“[E]very contract for service has an implicit term to perform the service in a competent and reasonable manner.” N.A. Chemical Co. v. Super. Ct. (1997) 59 Cal.App.4th 764, 774.
“A negligent failure to do so may be both a breach of contract and a tort.” Id. citing Perry v. Robertson (1988) 201 Cal.App.3d 333, 340.
A written contract must be pled verbatim in the body of the complaint, be attached to the complaint and incorporated by reference, or be pled according to its legal effect. Bowden v. Robinson (1977) 67 Cal.App.3d 705, 718.
Evolution Evolution manages the operations of the hotel pursuant to a management agreement with T-12 and is a party plaintiff to the First Cause of Action for Breach of Contract, and the Second Cause of Action for Negligence. Evolution is not a party to the express and implied warranty claims.
Apr 25, 2026
Orange County, CA
On January 14, 2020, Plaintiff filed a complaint, asserting causes of action against Round Table, Ward and Does 1-50 for: Breach of Contract Account Stated Alter Ego Conversion On March 6, 2020, Round Table’s and Ward’s defaults were entered. A Case Management Conference is set for June 8, 2020. Discussion Plaintiff’s Application for Default Judgment is DENIED without prejudice. The following defects are noted: It is unclear how Ward would be personally liable.
Sep 23, 2020
Contract
Breach
Los Angeles County, CA
Issue No. 32: Plaintiff cannot establish its breach of contract claim because Plaintiff cannot show that Emanate used or disclosed any of its confidential information. (5th cause of action). Issue No. 33: Plaintiff cannot establish its breach of contract claim because Plaintiff cannot show any resulting damage by any alleged breach by Emanate. (5th cause of action).
Aug 06, 2020
Business
Intellectual Property
Los Angeles County, CA
On September 5, 2019, Plaintiff filed a complaint, asserting causes of action against Chen, Tissuesco and Does 1-10 for: Breach of Contract Breach of Fiduciary Duty On October 23, 2019, Chen’s default was entered. Discussion The hearing on Plaintiff’s Application for Default Judgment is CONTINUED to September 2, 2020 8:30 a.m. The following defects are noted: Tissuesco’s default has not been entered.
Jul 31, 2020
Contract
Breach
Los Angeles County, CA
The causes of action in the FAC include (1) breach of fiduciary duty; (2) breach of contract; (3) quiet title/cancellation of instrument; (4) breach of covenant of good faith and fair dealing; (5) violations of Business and Professions Code sections 12700 et seq.; (6) escrow negligence; (7) fraud; (8) civil conspiracy; and (9) declaratory relief.
Jul 29, 2020
Personal Injury/ Tort
Fraud
Los Angeles County, CA
On August 8, 2019, Plaintiffs filed a complaint, asserting causes of action against Defendants and Does 1-20 for: Breach of Contract Breach of Implied Covenant of Good Faith and Fair Dealing Common Count Fraud Constructive Trust Unfair Business Practices Failure to Compensate for All Hours Worked in Violation of Labor Code § 1198 On October 3, 2019, Wu’s, Pan’s, ZHDI’s, Trend’s and Z&SHDI’s defaults were entered.
Jul 29, 2020
Personal Injury/ Tort
Fraud
Los Angeles County, CA
First Cause of Action: Breach of Contract To state a cause of action for breach of contract, Plaintiff must be able to establish “(1) the existence of the contract, (2) plaintiff’s performance or excuse for nonperformance, (3) defendant’s breach, and (4) the resulting damages to the plaintiff.” (Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 821.)
Jul 26, 2020
Personal Injury/ Tort
Fraud
Los Angeles County, CA
First Cause of Action: Breach of Written Contract To state a cause of action for breach of contract, Plaintiff must be able to establish “(1) the existence of the contract, (2) plaintiff’s performance or excuse for nonperformance, (3) defendant’s breach, and (4) the resulting damages to the plaintiff.” (Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 821.)
Jul 26, 2020
Personal Injury/ Tort
Fraud
Los Angeles County, CA
On May 7, 2019, Plaintiffs filed a complaint, asserting a cause of action against Defendants and Does 1-20 for: Breach of Contract Fraudulent Misrepresentation Negligent Misrepresentation Fraud—Concealment Violation of Business and Professions Code Section 17200 Conversion Unjust Enrichment Conspiracy Money Had and Received Negligence On June 24, 2019, Defendants’ defaults were entered. On October 24, 2019, Plaintiffs dismissed Xtreme, without prejudice.
Jul 23, 2020
Personal Injury/ Tort
Fraud
Los Angeles County, CA
Plaintiff’s claim against Triple 8 Restaurant, LLC for breach of contract alleges that Triple 8 Restaurant, LLC, the tenant, breached the lease agreement with Plaintiff. Plaintiff’s claim against Defendants Kwan and Moy for breach of lease and personal guaranty of lease, alleges that Defendants Kwan and Moy breached their guaranty of lease with Plaintiff. (FAC, ¶¶ 22-37.)
Jul 23, 2020
Real Property
Landlord Tenant
Los Angeles County, CA
The complaint sets forth causes of action for breach of contract and legal malpractice and arises out of Murphy’s representation of Nauta in connection with a pending foreclosure. On October 15, 2019, Murphy responded by filing a Motion for Change of Venue, which the Court granted on December 18, 2019. Nauta did not appear at the hearing. At the Court’s direction, Murphy mailed Nauta a Notice of Ruling that same day. Murphy then forwarded to Nauta a signed Order After Hearing on January 16, 2020.
Jul 22, 2020
San Luis Obispo County, CA
Breach of Contract Defendant argues that Plaintiff’s breach of contract cause of action fails because the underlying contract was entered into between Defendant and the State Compensation Insurance Fund, and was never signed by Defendant. As a result, Defendant argues that Plaintiff does not have standing.
Jul 17, 2020
Los Angeles County, CA
Rogers (1998) 65 Cal.App.4th 824 (A party is entitled to recover prejudgment interest from the first date there exists breach of contract and a liquidated claim.). Even if the interest amount were correctly added to the total compensatory damages, the Complaint and the declaration fail to show how Defendant owes $39,433.33 in interest payment because they do not show which months’ payments were defaulted.
Jul 17, 2020
Los Angeles County, CA
Breach of Contract and Covenant of Good Faith and Fair Dealing Defendants argue that Plaintiff has failed to allege sufficient facts to state a claim for breach of contract because she has failed to allege she suffered legally recognized damages. The elements for breach of contract cause of action are: (1) existence of contract; (2) plaintiff’s performance or excuse for nonperformance; (3) defendant’s breach (or anticipatory breach); and (4) resulting damage. (Wall Street Network, Ltd. v. N. Y.
Jul 17, 2020
Los Angeles County, CA
Breach of Contract and Covenant of Good Faith and Fair Dealing Defendants argue that Plaintiff has failed to allege sufficient facts to state a claim for breach of contract because she has failed to allege she suffered legally recognized damages. The elements for breach of contract cause of action are: (1) existence of contract; (2) plaintiff’s performance or excuse for nonperformance; (3) defendant’s breach (or anticipatory breach); and (4) resulting damage. (Wall Street Network, Ltd. v. N. Y.
Jul 17, 2020
Los Angeles County, CA
Breach of Contract On January 26, 2018, the court granted The Llerenas’ motion for summary judgment. On February 9, 2018, the “Order Granting Defendants Nestor H. Llerena and Myrna T. Llerena’s Motion for Summary Judgment as to Plaintiffs’ First Amended Complaint” was filed. On February 26, 2018, Plaintiffs filed a Notice of Appeal.
Jul 16, 2020
Personal Injury/ Tort
Fraud
Los Angeles County, CA
(erroneously sued as Crystal Mountain) and Does 1-50 for: Negligence Negligence—Products Liability Strict Products Liability On June 19, 2019, DS Services and Costco filed a cross-complaint, asserting causes of action against Cross-Defendants Crystal Mountain International Limited and Roes 1-10 for: Implied Indemnity Contribution Express Indemnity Breach of Contract Declaratory Relief On October 3, 2019, this action was transferred from the personal injury hub (Department 5) to this department.
Jul 16, 2020
Personal Injury/ Tort
Products Liability
Los Angeles County, CA
On June 3, 2019, Plaintiffs filed a complaint, asserting causes of action against Defendants Bank, All Persons Unknown Claiming Any Legal or Equitable Right, Title, Estate, Lien, or Interest in the Property Described in this Complaint Adverse to Plaintiff’s [sic] Title or Any Cloud on Plaintiff’s [sic] Title Thereto (“All Persons”) and Does 1-10 for: Quite [sic] Title Cancellation of Instruments Violation of the California Homeowners Bill of Rights (“HBOR”) Breach of Contract Violation of Court Approved
Jul 15, 2020
Real Property
Quiet Title
Los Angeles County, CA
Nature of Proceedings: Pretrial Writ of Attachment On January 15, 2020, plaintiff Rancho Nuevo Harvesting, Inc. filed a complaint on standard Judicial Council forms against defendant Melonco, LLC (Melonco), alleging two causes of action: 1) breach of contract; and 2) common counts. Plaintiffs asks for damages of $460,004.27, plus interest (with attorney’s fees as costs).
Jul 14, 2020
Santa Barbara County, CA
On March 29, 2019, Plaintiff filed a first amended complaint (“FAC”) against Defendant for (1) breach of contract and (2) false promise. Plaintiff alleges it is the third-party beneficiary of a contract between KFA, LLP, an architect, and Defendant, an engineer, as part of a construction project. (FAC, ¶ 8.)
Jul 14, 2020
Personal Injury/ Tort
Fraud
Los Angeles County, CA
Plaintiff’s first amended complaint (FAC) includes causes of action for (1) breach of contract, (2) intentional misrepresentation, (3) fraud, (4) money had and received, (5) quantum meruit, (6) declaratory relief, and (6) accounting. The parties’ dispute stems from a Contract for Consulting Services (the Contract), which the parties entered into on May 15, 2019. (FAC, ¶ 11.) Plaintiff alleges Defendants breached the Contract and failed to compensate Plaintiff for the work he performed under the Contract.
Jul 14, 2020
San Luis Obispo County, CA
On July 12, 2019, Plaintiff filed a First Amended Complaint alleging eight causes of action: Breach of contract Fraud Misrepresentation Deceit (concealment) Accounting Quantum meruit Unjust enrichment Conversion On July 15, 2019, Plaintiff filed a Second Amended Complaint (“SAC”) without leave from the Court, alleging five causes of action: Breach of contract Fraud Misrepresentation Deceit (concealment) Negligent infliction of emotional distress On December 5, 2019, this Court sustained without
Jul 14, 2020
Los Angeles County, CA
Discussion 1st COA Breach of Contract: Defendant’s first argument as to the Dept. of Motor Vehicle (“DMV”) issued disability placard misconstrues the Court of Appeal opinion and the express language of the Lease. At the outset, the Court of Appeal opinion expressly opined that the allegations in the original Complaint’s claim for breach of contract was sufficient to plead the four elements of the claim. (Request for Judicial Notice (“RJN”) Exh. 7, pg. 10, Section 2.)
Jul 14, 2020
Real Property
Landlord Tenant
Los Angeles County, CA
On October 9, 2019, Plaintiff Ilan Bitton commenced this action and then on December 18, 2019 filed a first amended complaint ("FAC") against Defendants Tyler Thornton, Sunfire Nutrition, LLC, and Greenfield Organix dba Loudpack Farms for (1) breach of contract; (2) declaratory judgment; (3) breach of fiduciary duty; (4) intentional interference with business contracts; and (5) negligent interference with prospective economic advantage.
Jul 14, 2020
Los Angeles County, CA
Breach of Loan Agreement (1st Cause of Action) The elements for a breach of contract cause of action are: (1) the contract; (2) plaintiff’s performance or excuse for nonperformance; (3) defendant’s breach; and (4) resulting damages. (Reichert v. General Ins. Co. (1968) 68 Cal.2d 822, 830.) In alleging a breach of contract cause of action, it is necessary to specify whether the contract is written, oral or implied by conduct. (See CCP § 430.10(g).)
Jul 14, 2020
Personal Injury/ Tort
Fraud
Los Angeles County, CA
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